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(영문) 전주지방법원 정읍지원 2019.08.20 2018고단538
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From April 1, 2010 to June 2016, the Defendant is an employer who operates an aggregate extraction business using eight full-time workers with the trade name of (oil)F, and from December 2016 to December 2016, the Defendant is an employer who ordinarily employs eight full-time workers from (oil)G to December 2016.

1. (Penalty)Offences related to the F;

(a) When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant is working from around November 4, 2013 to April 30, 2016.

H’s total of KRW 5,600,000 in February 2015, and KRW 2,800,000 in March 2015, did not pay KRW 5,600,000 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant is working from around November 4, 2013 to April 30, 2016.

The retirement pay of H 6,973,150 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. (Compensation) If a worker dies or retires, the employer involved in any crime involvingG shall pay him/her wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant has been working from November 9, 2017 to December 23 of the same month.

The retirement I's total wages of 18,50,000 won including the wages of 2,90,000,000 won in November 2017 were not paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as shown in the attached list of crimes Nos. 1 to 6.

Summary of Evidence

1. The defendant;

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